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Parole Act 2002

Extended supervision orders - Application for, and making of extended supervision orders

107FA: Sentencing court may make interim supervision order

You could also call this:

"Court can make temporary rules while deciding on supervision order"

Illustration for Parole Act 2002

If you are waiting for a court to decide on an extended supervision order, something might happen that changes your situation. You might be released from detention, or you might stop being subject to an extended supervision order. You might also fail to appear at a court hearing and then be brought to court under a warrant issued under section 107G(3), or you might arrive in New Zealand if you are a certain type of person described in section 107C(1)(b).

The court can then make an order that says you have to follow certain rules until the application for an extended supervision order is finally decided. When the court makes this kind of order, called an interim supervision order, it can include standard or special conditions that would normally be part of an extended supervision order, as described in section 107JA or section 107K.

If the court includes certain conditions in the interim supervision order, like intensive monitoring or residential restrictions, the time you spend under the interim order does not count towards the limits set out in section 107K(3)(b) and (ba). The court can also suspend the interim supervision order if it wants to, and it can add conditions to the suspension. The interim supervision order stops being in effect when the application for an extended supervision order is finally decided or discontinued.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6366464.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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107F: Chief executive may apply for extended supervision order, or

"The boss of a government department can ask a court to keep a close eye on someone who has committed a crime."

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107G: Procedure following application for extended supervision order, or

"What happens after someone asks for an extended supervision order to be made about you"

Part 1AExtended supervision orders
Application for, and making of extended supervision orders

107FASentencing court may make interim supervision order

  1. This section applies if, before an application for an extended supervision order is finally determined, 1 or more of the following events occur:

  2. the offender who is the subject of the application is released from detention:
    1. the offender who is the subject of the application ceases to be subject to an extended supervision order:
      1. the offender who is the subject of the application fails to appear at the hearing of the application and is brought before the court under a warrant issued under section 107G(3):
        1. an offender who is a person described in section 107C(1)(b) arrives in New Zealand.

          1. The sentencing court may, on application by the chief executive, order that, until the application for an extended supervision order is finally determined, the offender is subject to the supervision conditions specified in the order.

          2. When the court makes an interim supervision order, it may impose any of the standard conditions that are (under section 107JA), or special conditions that may be (under section 107K), imposed under an extended supervision order.

          3. If, under an interim supervision order, the court imposes an intensive monitoring condition or residential restrictions, the period for which the interim supervision order is in force is not to be taken into account for the purpose of the limits specified in section 107K(3)(b) and (ba).

          4. The court may suspend an interim supervision order subject to any conditions that the court thinks fit.

          5. An interim supervision order ceases to have effect when the application for an extended supervision order is finally determined or discontinued.

          Notes
          • Section 107FA: inserted, on , by section 12 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
          • Section 107FA(3): amended, on , by section 70 of the Statutes Amendment Act 2018 (2018 No 27).